HomeMy WebLinkAboutContract 45023 (2)Girl SECRETARY tic -
CONTRACT NO.
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FORT WORTH MEACHAM INTERNATIONAL AIRPORT
TERMINAL BUILDING OFFICE LEASE AGREEMENT
(MONTH -TO -MONTH)
SUITES 107C, 107D, AND 107E
This TERMINAL BUILDING OFFICE LEASE AGREEMENT ("Lease") is made
and entered into by and between the CITY OF FORT WORTH ("Lessor'), a Texas home rule
municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City
Manager, and EAN HOLDINGS, LLC ("Lessee"), a Delaware limited liability company acting
by and through Brent K. Russell, its duly authorized Vice President General Manager.
AGREEMENT:
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") in the Terminal Building ("Terminal") at Fort Worth Meacham International
Airport ("Airport") in Fort Worth, Tarrant County, Texas:
1.1. 594 square feet of carpeted floor office space identified as Suites 107C, 107D,
and 107E depicted on Exhibit "A", attached hereto and hereby made a part of
this Lease for all purposes.
2. TERM OF LEASE.
This Lease shall operate on a month -to -month basis, commencing on the date of its
execution. This Lease will automatically renew on the first (1st) day of each month
unless terminated by either party. In order to terminate this Agreement, a party must
provide the other party with written notice of its intent to terminate not less than thirty
(30) days prior to the effective date of such termination.
3. RENT.
3.1. Amount.
Lessee shall pay Lessor as monthly rent for the Premises at a rate of $15.60 per
square foot for a sum of $772.20 monthly. The rental rates under this Lease are
based on Lessor's published Schedule of Rates and Charges in effect as of the
Effective Date of this Lease. In the event that this Lease commences on a day
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other than the first (1st) day of any given month, the first month's rental payment
shall be prorated in accordance with the number of days remaining in that month.
3.2. Rent During Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor s published Schedule of Rates and Changes in effect at the
same time.
3.3. Payment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the first (1st) day
of each month. Payments must be received during normal working hours by the
due date at the location for Lessor's Aviation Department as set forth in Section
18. Rent shall be considered past due if Lessor has not received full payment after
the (l0th) day of the month for which payment is due Lessor will assess a late
penalty charge of ten percent (10%) per month on top of the entire month's rent
for each month in which rent is past due.
4. DEPOSIT.
There will be no deposit required with this Lease.
5. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of internet and telephone utilities. For all leased space in the basement of
the Ten ninal, Lessee acknowledges that Lessor will not provide or pay for any air
conditioning or heating services. Before installing any type of air conditioning or heating
devices in the basement of the Terminal Lessee shall obtain written permission from the
Aviation Director or authorized representative and shall, at Lessee s own expense, provide
a ventilation system acceptable to Lessor. Lessee agrees that all heating equipment and
other electrically -operated equipment which may be used on the Premises shall fully
comply with the City of Fort Worth Mechanical Electrical Plumbing, Fire and Building
Codes, as they exist or may hereafter be amended
6. MAINTENANCE AND REPAIRS.
6.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises unless located in the
basement of the Terminal. Lessor agrees to perform minor repairs and
maintenance on a timely basis as required by the ordinary use of the Premises
under the terms of this Lease and which are not caused by any violation thereof by
Lessee Lessor shall have the right and privilege, through its officers, agents,
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servants or employees to inspect the Premises at any time If Lessor
determines that Lessee is responsible for any maintenance or repairs required on
the Premises, it shall notify Lessee in writing Lessee agrees to undertake such
maintenance or repair work within thirty (30) calendar days of receipt of notice If
Lessee fails to undertake the maintenance or repairs recommended within this
time, Lessor may, in its discretion, perform the necessary maintenance or repairs
on behalf of Lessee. In this event, Lessee will reimburse Lessor for the cost of
the maintenance or repairs, and payment will be due on the date of Lessee's next
monthly rental payment following completion of the repairs.
6.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good clean and sanitary
condition at all times Lessee covenants and agrees that it will not make or suffer
any waste of the Premises Lessee shall not allow any holes to be drilled or made
in the brick, plaster or cement work. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Upon
termination of this Lease, Lessee agrees to return the Premises to Lessor in
the same condition as originally received, subject to ordinary wear and tear
consistent with normal use over time. Lessee is responsible for all damages
caused by the negligence or misconduct of Lessee, its agents, servants, employees,
contractors, subcontractors, patrons, licensees, invitees or trespassers.
For any portion of the Premises located in the basement of the Terminal, Lessee
shall provide, at Lessee s own expense and use covered metal receptacles for the
temporary storage of all trash and garbage and arrange and pay for the sanitary
transport and permanent disposal away from the Airport of all of Lessee's trash,
garbage and refuse.
6.3. Inspection.
Lessor, through its officers, agents, servants or employees, reserves the right to
enter the Premises at any time in order to perform any and all duties or obligations
which Lessor is authorized or required to do under the terms of this Lease or to
perform its governmental duties under federal, state or local rules, regulations and
laws (including, but not limited to, inspections under applicable Health,
Mechanical, Building, Electrical Plumbing, and Fire Codes, or other health
safety and general welfare regulations) Lessee will permit the Fire Marshal of the
City of Fort Worth or his agents to make inspection of the Premises at any time,
and Lessee will comply with all recommendations made to Lessee by the Fire
Marshal or his agents to bring the Premises into compliance with the City of Fort
Worth Fire Code and Building Code provisions regarding fire safety, as such
provisions exist or may hereafter be added or amended Lessee shall maintain in a
proper condition accessible fire extinguishers of a number and type approved by
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Fire Underwriters for the particular hazard involved Lessor shall provide Lessee
with advance notice of inspection when reasonable under the circumstances.
7. ACCEPTANCE OF PREMISES.
7.1. Asbestos Abatement Activities.
Lessee acknowledges the existence of asbestos -containing material on the
Premises. After investigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos -containing materials exist on the Premises to the extent
identified in Lessor's Level II Asbestos Assessment Report dated October 12,
1992 a public document on file in Lessor's City Secretary's Office and
incorporated herein by reference for all purposes Lessee covenants and agrees to
comply with all federal, state and local laws and regulations, now in existence
or promulgated in the future, which pertain to asbestos containing materials.
Lessee covenants and agrees to cooperate fully with any asbestos abatement
activity plan or asbestos operations and maintenance plan set forth by Lessor.
Lessee further covenants and agrees to notify and obtain written approval from
Lessor prior to Lessee's undertaking of any repairs renovations, alterations or
improvements to the Premises or of any other activity which might disturb
asbestos -containing materials Lessee agrees that it shall be solely responsible for
all expenses of such activities. Lessor retains the right to perform or cause to be
performed air sampling on the Premises to check for the presence of airborne
asbestos fibers Lessee agrees to allow Lessor full access to the Premises to
perfontn such tests. Lessor will make the results of any such tests available
to Lessee at Lessee's request.
7.2. Lessee's Acceptance of Premises.
Lessee agrees and covenants that it has inspected the Premises and is fully advised
of its own rights without reliance upon any representation made by Lessor
concerning the condition of the Premises Lessee accepts the Premises in its
present condition as satisfactory for all purposes set forth in this Lease.
8. CONSTRUCTION AND IMPROVEMENTS.
Lessee may not undertake or allow any party to undertake any kind of alteration erection,
improvement or other construction work on or to the Premises unless it first requests and
receives in writing approval from the Aviation Director or authorized representative. All
such approved construction work on and improvements to the Premises shall comply
fully with the Americans with Disabilities Act of 1990, as amended.
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9. PARKING.
Lessee shall have the right to use the designated East public parking areas to the extent
available and in accordance with policies established by the Aviation Director or
authorized representative, for the parking of company vehicles and the vehicles of its
employees, licensees or invitees, subject to all ordinances and regulations of the City of
Fort Worth and all other applicable laws
10. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for truck commercial activities. It is
specifically agreed and stipulated that the following concessions are prohibited under
this Lease, unless specifically approved m writing by the Aviation Director or authorized
representative (i) ground transportation for hire; (ii) food sales; (iii) barbel and valet
services; (iv) alcoholic beverage sales; and (v) aviation -related sales of pilot supplies.
11. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Aviation
Director or authorized representative, create, install and maintain signs in the Terminal
indicating Lessee's business. Such signs, however, must be in keeping with the size,
color, location and manner of display of other signs throughout the Terminal In addition,
Lessee may, at its own expense, make install and maintain a sign outside the Terminal on
Lessor's property subject to prior written approval by the Aviation Director or authorized
representative as to the sign's placement, appearance, construction, and conformity with
applicable City Code restrictions.
Lessee shall maintain all signs in a safe, neat sightly and physically good condition.
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises
resulting from the installation, maintenance or removal of any such sign Lessee also
agrees to remove any sign at its own expense immediately upon receipt of instructions for
such removal from the Aviation Director or authorized representative
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
12.1. All fixtures and items permanently attached to any structure on the Premises
belong to Lessor, and any additions or alterations made thereon, shall immediately
become the property of Lessor.
12.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building
or other structure which, in the opinion of Lessor, would limit the usefulness of
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the Airport, constitute a hazard to aircraft or diminish the capability of existing or
future avigational or navigational aids used at the Airport.
12.3. Lessor reserves the right to close temporarily the Airport or any of its facilities
for maintenance, improvements, safety or security of either the Airport or the
public or for any other cause deemed necessary by Lessor. In this event, Lessor
shall in no way be liable for any damages asserted by Lessee, including, but not
limited to, damages from an alleged disruption of Lessee's business operations.
12.4. This Lease shall be subordinate to the provisions of any existing or future
agreement between Lessor and the United States Government which relates to the
operation or maintenance of the Airport and is required as a condition for the
expenditure of federal funds for the development, maintenance or repair of
Airport infrastructure.
12.5. During any war or national emergency, Lessor shall have the right to lease any
part of the Airport including its landing area, to the United States Government.
In this event, any provisions of this instrument which are inconsistent with the
provisions of the lease to the Government shall be suspended Lessor shall not be
liable for any loss or damages alleged by Lessee as a result of this action.
However, nothing in this Lease shall prevent Lessee from pursuing any rights it
may have for reimbursement from the United States Government.
12.6. Lessor covenants and agrees that during the term of this Lease it will operate
and maintain the Airport and its facilities as a public airport consistent with and
pursuant to the Sponsor's Assurances given by Lessor to the United States
Government through the Federal Airport Act and Lessee agrees that this Lease
and Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's
Assurances.
13. INSURANCE.
Lessee shall procure and maintain at all times, in full force and effect, a policy or policies
of insurance as specified herein naming the City of Fort Worth as an additional insured
and covering all public risks related to the leasing, use, occupancy, maintenance,
existence or location of the Premises Lessee shall obtain the required insurance in
accordance with Exhibit "B", the "City of Fort Worth Aviation Insurance Requirements"
attached hereto and made part of this Lease for all purposes.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its
care, custody or control.
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13.1. Adjustments to Required Coverat a and Limits.
Insurance requirements, including additional types of coverage and increased
limits on existing coverages, are subject to change at Lessor's option and as
necessary to cover Lessee's and any Sublessees' operations at the Airport. Lessee
will accordingly comply with such new requirements within thirty (30) days
following notice to Lessee.
13.2. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with appropriate certificates of insurance signed by the respective
insurance companies as proof that it has obtained the types and amounts of
insurance coverage required herein Lessee hereby covenants and agrees that not
less than thirty (30) days prior to the expiration of any insurance policy required
hereunder, it shall provide Lessor with a new or renewal certificate of insurance.
In addition, Lessee shall, at Lessor s request, provide Lessor with evidence that it
has maintained such coverage in full force and effect.
13.3. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of
insurance shall be endorsed to cover all of Lessee's operations at the Airport, to
grant additional insured status to the City, and to provide that no material changes
in coverage, including but not limited to cancellation termination non -renewal
or amendment, shall be made without thirty (30) days' prior written notice to
Lessor Lessor shall be responsible for notifying the City of any change to its
insurance coverage that amends or alters that coverage required by this lease.
14. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative
or employee of Lessor Lessee shall have the exclusive right to control the details of its
operations and activities on the Premises and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors,
patrons, licensees and invitees. Lessee acknowledges that the doctrine of
respondeat superior shall not apply as between Lessor and Lessee, its officers, agents,
employees, contractors and subcontractors Lessee further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between Lessor and
Lessee.
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15. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY
KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR
WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO LESSEE S BUSINESS AND ANY RESULTING
LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE
AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE,
USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH
ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR
OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS
OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY
PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH
BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS,
AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED;
AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
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EAN Holdings, LLC
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16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage
or personal damage, injury or death, Lessee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Lessor.
17. TERMINATION.
18.
Upon termination of this Lease, all rights, powers and privileges granted to Lessee
hereunder shall cease and Lessee shall immediately vacate the Premises Lessee agrees
that it will return the Premises and all appurtenances and improvements thereon in good
order and repair and in the same condition as existed at the time this Lease was entered
into, subject to ordinary wear and tear Lessor shall have the immediate right to take full
possession of the Premises and to remove any and all parties remaining on any part of the
Premises without further legal process and without being liable for trespass or any other
claim Lessor shall also have the right to remove any and all fixtures or equipment that
may be found within or upon the Premises without being liable therefor. Lessee agrees
that it will assert no claim of any kind against Lessor, its agents, servants, employees or
representatives which may stem from Lessor's termination of the Lease or any act incident
to Lessor's assertion of its right to terminate.
NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees,
servants or representatives, or (2) deposited in the United States Mail, postage prepaid
addressed as follows:
To LESSOR:
City of Fort Worth
Aviation Depai intent
4201 North Main St, Suite 200
Fort Worth, Texas 76106-2749
19. ASSIGNMENT AND SUBLETTING.
TO LESSEE:
EAN Holdings, LLC
ATTN: Vice President General Manager
4201 N. State Highway 161, Ste. 150
Irving, Texas 75038
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties
or interests granted by this Lease without the advance written consent of Lessor. Any
such transaction attempted by Lessee without prior written consent by Lessor shall be null
and void If Lessor consents to any such transaction, the respective assignee or sublessee
shall consent in writing to comply with all tenns and conditions set forth in this Lease the
same as if that party had originally executed this Lease.
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EAN Holdings, LLC
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20. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the
property of Lessor If any such purported lien is created or filed, Lessee, at its sole cost
and expense, shall liquidate and discharge the same within thirty (30) days of such
creation or filing Lessee's failure to discharge any such purported lien shall constitute a
breach of this Lease and Lessor may terminate this Lease immediately
However, Lessee's financial obligation to Lessor to liquidate and discharge such lien shall
continue in effect following termination of this Lease and until such a time as the lien is
discharged.
21. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
22. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of
the Premises and Lessee immediately shall remove from the Premises any person
engaging in such unlawful activities. Unlawful use of the Premises by Lessee itself shall
constitute an immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police and Fire
Departments; all rules and regulations established by the Aviation Director and all rules
and regulations adopted by the City Council pertaining to the conduct required at airports
owned and operated by the City, as such laws, ordinances, rules and regulations exist or
may hereafter be amended or adopted. If Lessor notifies Lessee or any of its officers,
agents, employees, contractors, subcontractors, licensees or invitees of any violation of
such laws, ordinances, rules or regulations, Lessee shall immediately desist from and
correct the violation
23. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall
be excluded from participation in or denied the benefits of Lessee's use of the Premises
on the basis of race, color, national origin, religion, disability, sex, sexual orientation,
transgender, gender identity or gender expression Lessee further agrees for itself,
its personal representatives, successors in interest and assigns that no person shall be
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excluded from the provision of any services on or in the construction of any
improvements or alterations to the Premises on grounds of race, color, national origin,
religion, disability, sex, sexual orientation, transgender, gender identity or gender
expression
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all
times comply with any requirements imposed by or pursuant to Title 49 of the Code of
Federal Regulations, Part 21, Non -Discrimination in Federally Assisted Programs of the
Department of Transportation and with any amendments to this regulation which may
hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to
indemnify Lessor and hold Lessor harmless.
24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this
Lease or to exercise any right granted herein shall not constitute a waiver of Lessor's right
to insist upon appropriate perfonniance or to assert any such right on any future occasion
27. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the tennis of
this Lease or by Lessee's operations on the Premises, venue for such action shall he in
state courts in Tarrant County Texas, or the United States District Court for the Northern
District of Texas, Fort Worth Division. This Lease shall be construed in accordance with
the laws of the State of Texas.
28. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and
either party should retain attorneys or incur other expenses for the collection of rent, fees
or charges, or the enforcement of performance or observances of any covenant, obligation
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or agreement, Lessor and Lessee agree that each party shall be responsible for its own
attorneys' fees.
29. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
30. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective
obligations as set forth in this Lease, but shall not be held liable for any delay in or
omission of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,
riots material or labor restrictions by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
31. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the
entity Each party is fully entitled to rely on these warranties and representations in
entering into this Agreement or any amendment hereto.
32. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
33. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns
and successors in interest as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provisions of this Lease. The terms and conditions of this Lease shall
not be amended unless agreed to in writing by both parties and approved by the
City Council of Lessor.
[Signature Pages to Follow]
Terminal Building Office Lease Agreement
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EAN Holdings, LLC
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IN W
on this th
L131SS W ,_]
day of k
CITY OF FORT WORTH:
J
By: �Ma) COZ--*
Fernando Costa
Assistant City Manager
OF, the parties hereto have executed this Agreement in multiples
, 2013.
Date: /e/l 743
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Fernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
N UNDER MY HAND AND SEAL OF OFFICE this /7
day
C,Wder , 2013.
•
EVONIA DANIELS
Notary Public, State of Texas
My Commission Expires
July 10, 2017
• ... • 1 y • "�
, � J•.�i.lr. i • 1• I .IL -'�J
APPROVED AS TO FORM
AND GALITY:
By:
(11-C-v/ fral•-az.Th
Charlene Sanders 1`l
Assistant City Attorney
M&C: Not Required
Terminal Building Office Lease Agreement
between City of Fort Worth and
EAN Holdings, LLC
Page 13 of 14
ask
o ry Public in
N
ry and for the State of Texas
ATTEST:
By:
Mary J . , er'
City Secretary
OFFICIt RECORD
CITY SECRETARY
�Y WORTH9 TX
LESSEE:
EAN HOLDINGS, LLC
pm
c
By:
Brent K. Russell
Vice President General Manager
Date: 10 )•-Sal —t3
STATE OF TEXAS
COUNTY OFLea�� .S §
ATTEST:
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Brent K. Russell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of EAN
Holdings, LLC, and that he executed the same as the act of EAN Holdings, LLC, for the purposes
and consideration therein expressed and in the capacity therein stated.
7i9
ER MY HAND AND SEAL OF OFFICE this
, 2013.
Notary
Tenninal Building Office Lease Agreement
between City of Fort Worth and
EAN Holdings, LLC
Page 14 of 14
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Exhibit 'A'
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CITY OF FORT WORTH
AVIATION DEPARTMENT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
4201 NORTH MAN STREET • FORT WORTH, TEXAS 76106
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORXS DEPARTMENT
FACILITIES MANAGEMENT • ARCHITECTURAL SERVICES MIS/ON
31715:a'T 1XI SIFtET • FORT KORIH T[l•$ 7612
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Fuel Facilities: Tank Farm
Concessionaire:
Restaurant
Concessionaire:
Rent -a -car
Concessionaire:
Retail Shop
Category of tenant 8/or
Operations Property Insurance
FBOs
Flight Training
Air Taxi
Specialized Com. Flight
Serv.
Aerial Applications
Aircraft Sales
Aircraft Rental
Airframe or Power Plant
Repair
Radio, Instrument or
Propeller Repair
Multiple Services
Flying Clubs
Commercial Tenant
Commercial Tenant
Sublessee
Yes $
*
*
No
Mo. - Mo. Airport Tenant;
sm. premises area,
infrequent access by
others (no aircraft) No
Hangar Tenant
(private sm. aircraft) No
Fuel Facilities: Trucks N/A
Yes
*
No
No
Exhibit "B"
City of Fort Worth
Aviation Insurance Requirements
General Liability
3,000,000.00 $
Auto
1,000,000.00 $
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
I $
$ 1,000,000.00
1,000,000.00 $
1,000,000.00 $
1,000,000.00 $
1,000,000.00 $
1,000,000.00 $
500,000.00 $
$ 300,000.00
No
N/A $
$ 1,000,000.00 $
$ 1,000,000.00 $
$ 1,000,000.00 $
$ 500,000.00
1,000,000.00 $
1,000,000.00 $
1,000,000.00 $
1,000,000.00
1,000,000.00 $
1,000,000.00
$ 1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
500,000.00
nvironmentat
Impairment
1,000,000,00
Aircraft Liability
N/A
Small: 1M Large:
No 5M
Small: 1M Large:
No 5M
Small: 1M Large:
No 5M
Small: 1M Large:
1,000,000.00 5M
Small: 1M Large:
No 5M
Small: 1 M Large:
No 5M
No
No
No
No
No As Applicable
Small: 1M Large:
No 5M
No As Applicable
No IAs Applicable
No No
No
1,000,000.00 $
1,000,000.00 $
1,000,000.00
1,000,000.00
No
No $
1,000,000.00
1,000,000.00
No
No
No
No
300,000
No
No
No
No
No
* Depends on the terms of the lease agreement
Property Insurance requirement depends on the lease agreement. Coverage should be replacement cost basis
Liability coverage's are to include products and completed operation. The policy should be written on an occurrence basis
Hangarkeepers Liability is maintained according to typical exposure
tangarkeepers -
Liabihty
$ 3,000,000.00
No
No
No
No
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
As Applicable
N/A
No
No
No
No
No
No
No
No
No
aviationinsreg2001